Our Michigan workers compensation attorneys represent employees and workers who suffer total disability due to an on the job or other work related injury. These claims are for injured workers suffer a very serious injury on the job or due to some type of occupational exposure.
Michigan has a specific statute governing the basis for determining if a worker is total disabled from work.
Section 361(3) provides that a worker is totally and permanently disabled if he or she has suffered:
(a) Total and permanent loss of sight of both eyes.
(b) Loss of both legs or both feet at or above the ankle.
(c) Loss of both arms or both hands at or above the wrist.
(d) Loss of any 2 of the members or faculties in subdivisions (a), (b), or (c).
(e) Permanent and complete paralysis of both legs or both arms or of 1 leg and 1 arm.
(f) Incurable insanity or imbecility.
(g) Permanent and total loss of industrial use of both legs or both hands or both arms or 1 leg and 1 arm; for the purpose of this subdivision such permanency shall be determined not less than 30 days before the expiration of 500 weeks from the date of injury.
Employers, companies, and workers compensation insurance companies often deny that a worker has a permanent disability. They also dispute that any total disability was work-related or arose out of the employment.
Our attorneys frequently argue these exact issues for our injured clients at trial and appeals hearings.
When a worker is determined to be totally disabled, the employer must pay the same benefit it would in the ordinary case. In addition, however, the worker is allowed to take advantage of changes in the minimum and maximum rates of benefit.
The additional benefits paid to the worker are the responsibility of the Second Injury Fund and are called differential benefits.
Also, a totally and permanently disabled worker is entitled to the minimum benefit available. This is equal to 25 percent of the state average weekly wage.
Finally, a permanently disabled worker is not subject to coordination of other benefits.
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Warning: There are strict time deadlines for Michigan workers compensation and job injury cases. Call us today to learn more about the Michigan workers compensation laws.